Prior to the passage of the Patient Protection and Affordable Care Act (PPACA), which is the new health care reform law passed by Congress last month (March 23, 2010), employers were not required to provide any breaks whatsoever to their employees. In essence, an employee could be required to work 24 hours per day without a break.
However, under the PPACA employers must now allow for "reasonable" unpaid breaks for nursing mothers so that they are able to express breast milk. Such lactation breaks must be provided to mothers of newborn children for up to one year after the birth of the child. There is no limitation on the number of breaks and the law specifically states that a break must be provided "each time such employee has need to express the milk." Thus, the number of breaks would depend on the circumstances of the employee. The employer must also provide an appropriate place that is shielded from view of other workers and the public and such place cannot be a bathroom.
The new law, which amends the Fair Labor Standards Act (FLSA), is effective immediately and applies to all employers except that employers with less than 50 employees need not provide such breaks if providing the break would impose an "undue hardship" on the employer by causing the employer "significant difficulty or expense" considering the size of the employer and its resources. In practice, this standard would apply to all but very small employers
If you have questions regarding the Fair Labor Standards Act or other employment laws, contact the Law Offices of Santiago J. Padilla, P.A. as soon as possible. Based in Miami, Florida, we represent employers and employees throughout South Florida in employment cases. To set up a free initial consultation, you can contact us through the Internet or call us at (305) 358-1949.
